MARITIME CODE. 73 



" If during a heavy sea or high winds, a Prahu strikes 

 upon a rock or on a shore or shoal, or runs foul of another 

 Prahu, by which one is lost, the Law is, that the loss shall not be 

 considered as accident but as a fault ; because, when there is 

 a heavy sea the Prahu ought to be kept out of the way from 

 such occurrences," 



" The Law therefore states, whether the parties are rich or 

 poor, the loss occasioned by the damage or wreck of the Prahu 

 shall be divided in three proportions, one of which shall be 

 borne by the person to whom the lost or damaged Prahu be- 

 longed, and the remaining two thirds by the persons who were 

 the occasion of it." 



The Macassar copy differs in this respect being as follows : 

 " During the time that there are one or more Prahus in com- 

 pany, and there happens to arise a Storm, and the Prahus run 

 foul so that one is damaged, the fault shall be upon the persons 

 in the Prahu that runs foul of the other ; and the Law is {*jjapa 

 Kfrma), according to what the loss or damage may be the 

 amount shall be divided into three parts, (only), one shall be 

 made good by the persons in fault the other two parts being 

 lost." 



Of Putting into Ports and the Mode op Trading. 



" When the Nakhoda may be desirous of touching at any 

 Bay, Coast, or Island, he shall hold a general consultation, 

 and if it is approved of and agreed upon, it is proper that the 

 Prahu shall go where he wishes. But if the Prahu puts into 

 any Port or place without the Nakhoda having previously held 

 a consultation, the Nakhoda is guilty of a fault.'' 



"In like manner, if the Nakhoda is desirous of sailing to 

 any other place or of crossing from one shore to another, he 

 shall first hold a consultation, and then if it is agreed that it 

 shall be so, the ropes shall be put in order, and when the rig- 

 going and sails are ready a further consultation shall be held 

 with the Juromudi, and Jurobatu, and the Tukang Agung in 

 order that the Prahu may proceed accordingly." 



"When a Prahu arrives at any Port the Nakhoda shall be 

 first allowed to trade for four days, after which the Kiwi shall 



* Accident,— D, F. A. H. 



